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Crim Law Ch. 9-12

Criminal Law Exam 3

List 2 Prohibitions from Double Jeopardy Clause. 1. Prevents a second prosecution for the same offense.2. Prevents a second punishment for the same offense.
List 2 types of immunity in connection to individuals rights not to testify against him or herself. Transactional Immunity & Use Immunity.
Which immunity offers more protection toward the defendant? Transactional Immunity.
Transactional Immunity. Freedom from prosecution for all crimes related to the compelled testimony.
Use Immunity. Freedom from prosecution based on the compelled testimony and on anything the government learns from following up on the testimony. However, all evidence that is independently obtained may be used against the witness.
Principle of Legality aka Due Process Requires that criminal laws be written and enacted before an act can be punished. Notice concept.
Nunc Pro Tunc Retro Active.
What law would nunc pro tunc refer to? Ex Post Facto Law.
Bill of Attainer Pronouncing a person guilty without a trial and sentencing the person to death and attainder (all preoperty is taken from the individual). Prohibited by the United States Constitution.
Free Exercise Clause Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.
Where does free exercise clause come from? First amendment of the United States Constitution.
Name 2 types of speech not protected by the 1st Amendment. Fighting words & obscenity
Crime Control Model The repression, detection & efficient prosecution of crime. Individuals often lose individual liberties and live in fear. Prosecution is bureaucratic. Form of assembly line justice.
Due Process Model Focuses on the integrity of individual rights, not the rights of the community to be free from crime. Legal guilt is the issue rather than factual guilt.
Which model is more expensive? Due Process Model.
Which model is more preferable? Due Process Model.
List 5 participants in criminal adjudications. 1. Law Enforcement Officers2. Prosecutors3. Judges4. Defense Attorneys5. Victims
Law Enforcement Officers Police
Prosecutors Government Attorneys responsible for prosecuting violators.
Judges Part of judiciary; resolve disputes and administer justice.
Defense Attorney's Represent the ∆ in criminal cases
Victims Victim of crime is government; Victim-in-fact – a person who had the crime committed against him or her.
What are 3 options for an attorney who has a client that wants to lie on the stand? The defense attorney dissuades the client from committing perjury. **Most PREFERABLE**Attorney moves to withdraw from the case, keeping the reason secret.Attorney discloses the client’s intention to commit perjury to the court.
Victim Impact Statement A statement made to the court, at the time of sentencing, concerning the effect the crime had had on the victim or on the victim’s family.
Sovereign Immunity Cannot sue the government.
What are the 5 theories with regard to the 14th amendment that incorporates the Bill of Rights. Independent Content Approach, Total Incorporation, Total Incorporation Plus, Fundamental Fairness & Selective Incorporation Doctrine.
Independent Content Approach The 14th Amendment due process clause does not include any rights found in the bill of Rights. Due process has an independent content and none of the rights in the bill of rights apply against the states. US Supreme Court never adopted.
Total Incorporation The entire Bill of Rights is incorporated by the 14th Amendment and all rights continued therein may be used by defendant's in state and federal courts. Due process is limited to recognize Bill of Rights only. Never adopted by US Supreme Court.
Total Incorporation Plus Due Process clausae not only incorporates the Bill of Rights but also secures additional independent rights. Never adopted.
Which theory is used today in court? Selective Incorporation Doctrine.
Constitutional interpretation The process of determining the meaning of phrases continued within the U.S. Constitution Example: Arizona v Miranda
Exclusionary rule The rule that illegally gathered evidence may not be used in a motion to suppress.
Fruit of the poisonous tree doctrine evidence gathered as a result of evidence gained in an illegal search or questioning can not be used against the person searched or questioned even if the later evidence was gathered lawfully.
What are 2 exeptions to the poisonous tree doctrine? Independant source rule: new evidence can be traced to a source completely apart from the illegally gathered evidence-it may be used by government.
Probable Cause Is the minimum amount of evidence necessary for search, seizure, or arrest to be proper under the 4th amendment it is more than mere suspicion and less than the standard required to prove beyond a reasonable doubt.
Plainview Doctrine the rule that if police officers see or come across something while acting lawfully,that item may be used as evidence in a criminal trial even if the police did not have a search warrant.
Created by: Jazdiz